Case law

Folmar v. State of Ohio Human Resources Department

District Court, N.D. Ohio · Mar 4, 2022

A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions are (4:21CV2233) clearly baseless. Neitzke, 490 U.S. at 327. … P'ship, 32 F.3d 86, 87-88 (4th Cir. 1994) (“child support obligations ... do not qualify as ‘debts’ under the FDCPA because they were not incurred to receive consumer goods or services”); Turner v.

Fisher v. Airgas USA, LLC

District Court, N.D. Ohio · Mar 2, 2023

Having evaluated all arguments, the Court finds that this claim is clearly resolved at the pretext stage. … But Airgas did not dispute that Plaintiff’s cancer qualifies him as disabled under federal and Ohio law. (Doc. No. 53 at PageID 785 (“It is undisputed that Plaintiff is disabled.”).)

Smith v. United States

980 F. Supp. 2d 854 · District Court, N.D. Ohio · Oct 22, 2013

The Guidelines provide a two-level adjustment for a defendant who “clearly demonstrates the acceptance of responsibility for his offense[J” U.S.S.G. § 3E 1.1. … In rare situations a defendant may clearly demonstrate an acceptance of responsibility for his criminal conduct even though he exercises *865 his constitutional right to a trial.

Patterson, Jr. v. Smith

District Court, N.D. Ohio · Mar 31, 2023

“An inmate cannot immunize himself from adverse administrative action by prison officials merely by filing a grievance or a lawsuit and then claiming that everything that happens to him is retaliatory.” Spies v. … Therefore, he cannot establish Chambers-Smith was personally involved or acquiesced in any unconstitutional activity. F.

Exact Software North America, Inc. v. Infocon, Inc.

479 F. Supp. 2d 702 · District Court, N.D. Ohio · Dec 5, 2006

were established procedures not followed? … My purpose here is simply to show that the requested information is clearly relevant, regardless of what it might show as to the merits. 10 .

Taylor v. Great Lakes Seamen's Union, Local 5000

657 F. Supp. 550 · District Court, N.D. Ohio · Oct 29, 1984

Thus, these two substantial claims of section 101(a)(1) violations established this court’s jurisdiction in this case under Title I. … This reinforces the conclusion that plaintiffs, by filing their lawsuit, qualify as prevailing parties. II.

White Consolidated Industries, Inc. v. Whirlpool Corp.

612 F. Supp. 1009 · District Court, N.D. Ohio · Jul 3, 1985

The restrictions imposed by the supply contract prohibit the private labeling of the Model 21, a restriction clearly in restraint of free trade. … This Court further concludes that plaintiffs have established entitlement to the grant of a preliminary injunction.

Darby v. May

District Court, N.D. Ohio · Mar 11, 2020

A claim lacks an arguable basis in law or fact when it is premised upon an indisputably meritless legal theory or when the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … It is well-established that supervisory officials cannot be liable under § 1983 solely on the basis of respondeat superior. Leary v. Daeschner, 349 F.3d 888, 903 (6th Cir. 2003); Bellamy v.

Meyers v. Ace Hardware, Inc.

95 F.R.D. 145 · District Court, N.D. Ohio · Aug 10, 1982

There are very few, if any, blacks in managerial positions with the Company despite the fact that there are many black employees qualified for said positions; d. … The employment history of both named plaintiffs clearly demonstrates that their grievances are highly individualized and could not possibly possess any common factual or legal traits relevant to the class.

Standard Oil Co. v. Federal Energy Administration

453 F. Supp. 203 · District Court, N.D. Ohio · Jan 20, 1978

nine objectives that were to be achieved “to the maximum extent practicable” in the allocation and pricing regulations that the President was to promulgate. 26 The price control authority conferred by the EPAA was further qualified … The regulations themselves clearly distinguish between “may” and “must.”

Dietrich v. Western Ohio Regional Treatment and Habilitation Center

District Court, N.D. Ohio · Apr 16, 2024

Both assert they were “qualified for” their positions and performed their duties “satisfactorily.” (Dietrich Complaint, at ¶ 34; Brewster Complaint, at ¶¶ 34-35). … It also establishes the district court can modify its scheduling order “only for good cause.” Fed. R. Civ. P. 16(b)(4).

Dartron Corp. v. Uniroyal Chemical Co., Inc.

893 F. Supp. 730 · District Court, N.D. Ohio · Jul 11, 1995

Moreover, “the trial court no longer has a duty to search the entire record to establish that it is bereft of a genuine issue of material fact.” Street v. J.C. … Dartron clearly fits this description. Thus, Uniroyal counterclaims that Dartron is liable to it for the cost it incurred in making its own investigation of the soil and water at the Property.

Reed v. Rhodes

455 F. Supp. 569 · District Court, N.D. Ohio · Feb 6, 1978

The Board's use of "minority" and "non-minority" enrollment categories rather than "black" and "non-black" left some schools clearly segregated. 4. … The Cleveland Board of Education shall establish a Department of Desegregation Implementation. 2.

Menton v. Fender

District Court, N.D. Ohio · Mar 9, 2020

In this case, Petitioner does not establish cause for his failure to follow the procedural rule. … In addition, the Petition is clearly filed beyond the statute of limitations. Petitioner was convicted in 2007.

Design Basics, LLC v. Forrester Wehrle Homes, Inc.

380 F. Supp. 3d 692 · District Court, N.D. Ohio · May 23, 2019

of the event," id. , Rule 701 instructs that: If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; (b) helpful to clearly … And while Cuozzo is not qualified to offer an expert opinion in this case, that does not mean he is unqualified to assemble Exhibits C-1, C-2, or C-3 or to testify about how he assembled those exhibits and what the comparisons

Gargas v. Estes Express Lines, Inc.

District Court, N.D. Ohio · Mar 19, 2025

Nielsen then wrote: Robert is very clearly a morning person. He rises early and by 9 o’clock night is in there, asleep and finds sleep unavoidable. … “To establish a prima facie claim for failure to accommodate, a plaintiff must show that (1) [he] was disabled within the meaning of [the statute], (2) [he] was otherwise qualified for her position, with or without reasonable

Brewster v. Western Ohio Regional Treatment and Habilitation Center

District Court, N.D. Ohio · Apr 16, 2024

Both assert they were “qualified for” their positions and performed their duties “satisfactorily.” (Dietrich Complaint, at ¶ 34; Brewster Complaint, at ¶¶ 34-35). … It also establishes the district court can modify its scheduling order “only for good cause.” Fed. R. Civ. P. 16(b)(4).

Faraj v. Ohio Casualty Insurance Company

District Court, N.D. Ohio · Jun 9, 2021

Faraj may not attempt to bootstrap coverage by claiming that renovations that ceased 18 months prior to the fire qualify as ongoing renovations. See, e.g., Park Reserve, LLC v. Peerless Ins. … Third, as established above, renovations at the Property ceased by July 2018. See supra.

Morrison v. United States

449 F. Supp. 663 · District Court, N.D. Ohio · Mar 7, 1978

Morrison was very experienced in acquiring and marketing real estate in the Geneva area, and Case, who had worked with Geneva area utilities, was uniquely qualified to handle arrangements for bringing power, water, and gas … It was not established that the plaintiffs knew any more than the general public did about the state’s interest in the area west of the Geneva State Park.

Lorain NAACP v. Lorain Board of Education

768 F. Supp. 1224 · District Court, N.D. Ohio · Jun 21, 1991

The HIRING RATE for certificated staff for all subsequent years shall be determined by the District, in light of the pertinent factors (number of vacancies, areas in which staff is needed, availability of qualified applicants … The efficacy and consequences of a decree directing institutional reform cannot be seen clearly from the courtroom.